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HomeMy WebLinkAboutR08-023 Suport of CDOT Phase One US Hwy 6 Shoulder Addition ProjectCommissioner (~ moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION N0.2008-~~ RESOLUTION SUPPORTING THE AGREEMENT BETWEEN EAGLE COUNTY AND THE COLORADO DEPARTMENT OF TRANSPORTATION FOR PHASE ONE OF THE US HIGHWAY 6 SHOULDER ADDITION PROJECT WHEREAS, Eagle County desires to participate in a shoulder addition project (the "Project") for the section of US Highway 6~ in unincorporated Eagle County that is located between Eagle and the Wolcott; and WHEREAS, Eagle County has budgeted and appropriated $330,000.00 for Phase One of the Project, which funds will be used for the construction of two-foot shoulders between Mile Post 151.4 and Mile Post 153.7 of US Highway 6; and WHEREAS, pursuant to C.R.S. § 43-2-104.5, the State of Colorado may contract with local governments to provide maintenance and construction of highways that are part of the state highway system; and WHEREAS, Colorado Department of Transportation ("CDOT") desires to participate in the shoulder addition project and has agreed to provide a two inch asphalt overlay and to re- stripe the roadway after the highway shoulder has been widened by Eagle County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMSSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board of Eagle County Commissioners hereby authorizes the Chairman of the Board to sign the grant agreement with CDOT. THAT, the Board of Eagle County Commissioners hereby authorizes the expenditure of funds as necessary to meet the terms and obligations of the agreement between CDOT and Eagle County for Phase One of the Project. THAT, this resolution is to be in full force and effect from and after its passage and approval. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK// EXHIBR ~~ MOVED, READ AND ADOPTED by the Board of County Commis Toners of the County of Eagle, State of Colorado, at its regular meeting held this ~, day of ~, 2008. COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County .Commissioners ~;,~~ ATTEST: ~G„`f.---- ; ~~~ ~ ~~ ~ y; ,~ :,~J ( , ~ , ~` ` ,~©o eter F. unyon, Commissioner Clerk of the Bo d of County Commissioners Sara J C 'ssioner Arn M. l~'lenconi, Chairman Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Peter F. Runyon Commissioner Sara J. Fisher Commissioner Arn M. Menconi This Resolution passed by _ ~~ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. (Local$CDOTWK) PROJECT NH 0063-024 (16636) 08 HA3 00045 REGION 3 (DAW) ID 331000110 CONTRACT THIS CONTRACT made this ~ day of 'MARc~n 2008, by and between the State of Colorado for the use and benefit of the Colorado Department of Transportation hereinafter referred to as the State, and EAGLE COUNTY 500 Broadway Box 850 Eagle, Colorado, 81631, CDOT Vendor #: 2000124, hereinafter referred to as the "Contractor" or the "Local Agency." RECITALS 1. Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400 Function 3301 WBS Element 16636.10.20 Org # 9991, Program 2000 Object 2312 1N Phase C (Contract Encumbrance Amount: $0.00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide maintenance and construction of highways that are part of the state (or local agency) highway system. 4. CDOT anticipates a project for the shoulder addition and overlay on US 6 in Eagle County between approximate MP 151.4 and MP 153.7; and by the date of execution of this contract, the Local Agency and/or the State has completed and submitted a preliminary version of CDOT form #463 describing the general nature of the Work. The Local Agency understands that, before the Work begins, form #463 may be revised as a result of design changes made by CDOT, incoordination with the Local Agency, in its internal review process. The Local Agency desires to perform the Work described in form #463, as it may be revised. 5. The Local Agency has made funds available for Project NH 0063-024 (16636) which shall consist of a contribution toward the cost of construction for the US 6 Eagle Overlay Phase I project, referred to as the "Project" or the "Work." Such Work will be performed in Eagle County, Colorado, as specifically described in Exhibit A. 6. The Local Agency has funds available and desires to provide $330,000.00 in funding for a portion of the `Work". 7. The Local Agency has estimated the cost of the Work and is prepared to provide funding required for the Work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Page 1 of 11 Agency to enter into this contract and to expend funds for the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. 8. This contract is executed under the authority of §§ 29-1-203, 43-1-110; 43-1-116, 43-2-101(4)(c) and 43-2-144, C.R.S. and Exhibit B. 9. The parties hereto desire to agree upon the division of responsibilities with regard to the project. THE PARTIES NOW AGREE THAT: Section 1. Scope of Work The Project or the Work under this contract shall consist of, the construction of shoulders and overlay on US 6 between MP 151.4 and MP153.7, in Eagle County, Colorado referred to as the "Project" or the "Work." Such Work will be performed in Eagle County, Colorado, as more specifically described in Exhibit A. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. This contract 2. Exhibit A (Scope of Work) 3. Exhibit C (Contract Modification Tools) 4. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency. Section 4. Project Funding Provisions A. The Local Agency has estimated the total cost of the work and the Local Agency is prepared to provide a portion of the funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to expend its funds for the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. The Local Agency has estimated the total cost of the work and the Local Agency is prepared to provide a contribution toward the project in the amount of $330,000.00 which is to be funded as follows: 1. Local Agency Funds $ 330,_ 2. ~ Total Funds: 330 000.00 Page 2 of 11 C. The maximum amount payable by the Local Agency under this contract shall be $330,000.00, unless such amount is increased by an appropriate written modification to this contract executed before any increased cost is incurred. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available, based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award. D. The parties hereto agree that this contract is contingent upon all funds designated for the project herein being made available from state sources, as applicable. Should these sources fail to provide necessary funds as agreed upon herein, the contract may be terminated by either party, provided that any party terminating its interest and obligations herein shall not be relieved of any obligations which existed prior to the effective date of such termination or which may occur as a result of such termination. Section 5. Project Payment Provisions A. The Local Agency will reimburse the State for incurred costs relative to the project following the Local Agency's review and approval of such charges, subject to the terms and conditions of this contract. B. If the Local Agency is to be billed for CDOT incurred costs, the billing procedure shall be as follows: 1. Upon receipt of each bill from the State, the Local Agency will remit to the State the amount billed no later than 60 days after receipt of each bill. Should the Local Agency fail to pay moneys due the State within 60 days of demand or within such other period as may be agreed between the parties hereto, the Local Agency agrees that, at the request of the State, the State Treasurer may withhold an equal amount from future apportionment due the Local Agency from the Highway Users Tax Fund and to pay such funds directly to the State. Interim funds, until the State is reimbursed, shall be payable from the State Highway Supplementary Fund (400). 2. ff the Local Agency fails to make timely payment to the State as required by this section (within 60 days after the date of each bill), the Local Agency shall pay interest to the State at a rate of one percent per month on the amount of the payment which was not made in a timely manner, until the billing is paid in full. The interest shall accrue for the period from the required payment date to the date on which payment is made. C. The State will prepare and submit to the Local Agency, no more than monthly, charges for costs incurred relative to the project. The State's invoices shall include a description of the amounts of services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format. Page 3 of 11 Section 6. State and Local Agency Commitments The Local Agency Contract Administration Checklist in Exhibit D describes the Work to be performed and assigns responsibility of that Work to either the Local Agency or the State. The "Responsible Party" referred to in this contract means the Responsible Party as identified in the Local Agency Contract Administration Checklist in Exhibit D. A. Design [Design Not Applicable] 1. If the Work includes preliminary design or final design (the "Construction Plans"), or design work sheets, or special provisions and estimates (collectively referred to as the "Plans"), the responsible party shall comply with the following requirements, as applicable: a. perform or provide the Plans, to the extent required by the nature of the Work. b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard, such as the Uniform Building Code, as approved by CDOT. c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction. d. include details of any required detours in the Plans, in order to prevent any interference of the construction work and to protect the traveling public. e. stamp the Plans produced by a Colorado Registered Professional Engineer. f. provide final assembly of Plans and contract documents. g. be responsible for the Plans being accurate and complete. h. make no further changes in the Plans following the award of the construction contract except by agreement in writing between the parties. The Plans shall be considered final when approved and accepted by the parties hereto, and when final they shall be deemed incorporated herein. B. Construction [Applicable] 1 • If the Work includes construction, the responsible party shall perform the construction in accordance with the approved design plans and/or administer the construction all in accord with the Local Agency Contract Administration Checklist. Such administration shall include project inspection and testing; approving sources of materials; performing required plant and shop inspections; documentation of contract payments, testing and inspection activities; preparing and approving pay estimates; preparing, approving and securing the funding for contract modification orders and minor contract revisions; processing contractor claims; construction supervision; and meeting the Quality Control requirements of the FHWA/CDOT Stewardship Agreement, as described in the Local Agency Contract Administration Checklist. Page 4 of 11 2. If the State is the responsible party: ~ ` a. it shall appoint a qualified professional engineer, licensed in the State of Colorado, as the State Agency Project Engineer (SAFE), to perform that administration. The SAFE shall administer the project in accordance with this contract, the requirements of the construction contract and applicable State procedures. b. if bids aze to be let for the construction of the project, the State shall, in conjunction with the Local Agency, advertise the call for bids and upon concurrence by the Local Agency will awazd the construction contract(s) to the low responsive, responsible bidder(s). (1) in advertising and awazding the bid for the construction of a federal- aidproject, the State shall comply with applicable requirements of 23 USC § 112 and 23 CFR Parts 633 and 635 and C.R.S. § 24-92-101 et seq. Those requirements include, without limitation, that the State/contractor shall incorporate Form 1273 (Exhibit I-17 in its entirety verbatim into any subcontract(s) for those services as terms and conditions therefore, as required by 23 CFR 633.102(e). (2) the Local Agency has the option to concur or not concur in the proposal of the apparent low bidder for work on which competitive bids have been received. The Local Agency must declaze its concurrence ornon-concurrence within 3 working days after said bids aze publicly opened. (3) by indicating its concurrence in such award, the Local Agency, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this project if no additional federal-aid funds will be made available for the project. c. If all or part of the construction work is to be accomplished by State personnel (i.e. by force account), rather than by a competitive bidding process, the State will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR 635, Subpart B, Force Account Construction. Section 7. ROW Acquisition and Relocation Prior to this project being advertised for bids, the Responsible Party will certify in writing that all right of way has been acquired in accordance with the applicable State and federal regulations, or that no additional right of way is required. Any acquisition/relocation activities must comply with all federal and state statutes, regulations, CDOT policies and procedures, 49 CFR Part 24, the government wide Uniform Act regulation, the FHWA Project Development Guide and CDOT's Right of Way Operations Manual. Page 5 of 11 Allocation of Responsibilities can be as follows: • Federal participation in right of way acquisition (3111 chazges), relocation (3109 chazges) activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way - 3114 charges); ~ Federal participation in right of way acquisition (3111 chazges), relocation (3109 chazges) but no participation in incidental expenses (3114 charges); or ~ No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above, the State retains oversight responsibilities. The Local Agency's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Operation Manual. The manual is located at httn://www.dot.state co us/ROW ManuaU. Section S. Utilities If necessary, the Responsible Party will be responsible for obtaining the proper clearance or approval from any utility company, which may become involved in this Project. Prior to this Project being advertised for bids, the Responsible Party will certify in writing that all such clearances have been obtained. Section 9. Railroads In the event the Project involves modification of a railroad company's facilities whereby the Work is to be accomplished by railroad company forces, the Responsible Party shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Responsible Party shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning federal-aid projects involving railroad facilities, including: 1. Executing an agreement setting out what work is to be accomplished and the location(s) thereof, and that the costs of the improvement shall be eligible for federal participation. 2. Obtaining the railroad's detailed estimate of the cost of the Work. 3. Establishing future maintenance responsibilities for the proposed installation. 4. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. 5. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. Page 6 of 11 Section 10. Environmental Obligations The State shall perform all Work in accordance with the requirements of the current federal and state environmental regulations including the National Environmental Policy Act of 1969 (NEPA) as applicable. Section 11. Maintenance Obligations CDOT will maintain and operate the improvements constructed under this contract at its own cost and expense during their useful life, in a manner satisfactory to the FHWA. CDOT will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes, ordinances and regulations which define the stste's obligations to maintain such improvements. FHWA will make periodic inspections of the project to verify that such improvements are being adequately maintained. Section 12. Record Keeping The State shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The State shall maintain such records for a period of three (3) years after the date of termination of this contract or fmal payment hereunder, whichever is later, or for such further period as maybe necessary to resolve any matters which maybe pending. The State shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the Local Agency and FHWA to inspect the project and to inspect, review and audit the project records. Section 13. Termination Provisions This contract maybe terminated as follows: A. Termination for Convenience. The State may terminate this contract at any time the State determines that the purposes of the distribution of moneys under the contract would no longer be served by completion of the project. The State shall effect such termination by giving written notice of termination to the Local Agency and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. B. Termination for Cause If, through any cause, the Local Agency shall fail to fulfill, in a timely and proper manner, its obligations under this contract, or if the Local Agency shall violate any of the covenants, agreements, or stipulations of this contract, the State shall thereupon have the right to terminate this contract for cause by giving written notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all finished or unfmished documents, data, studies, surveys, drawings, maps, models, photographs and reports or other material prepared by the Local Agency under this contract shall, at the option of the State, become its property, and the Local Agency shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Local Agency shall be obligated to return'any payments advanced under the provisions of this contract. Page 7 of 11 Notwithstanding the above, the Local Agency shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Local Agency, and the State may withhold payment to the Local Agency for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Local Agency is determined. If after such termination it is determined, for any reason, that the Local Agency was not in default or that the Local Agency's action inaction was excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the contract had been terminated for convenience, as described herein. Section 14. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person(s) has full authorization to execute this contract. Section 15. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 3, 222 S. 6`s Street Grand Junction, CO 81501. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 3 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to the State: Martha Miller, PE CDOT Region 3 Resident Engineer 714 Grand Avenue Eagle, CO 81631 (970) 328-6385 If to the Local Agency: Eva Wilson, PE Eagle County Engineer Eagle County Building 500 Broadway, PO Box 850 Eagle, CO 81631 (970) 328-3560 Section 16. Successors Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Page 8 of 11 Section 17. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 18. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of § 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes, §§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Section 19. Severability To the extent that this contract maybe executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract aze severable, and should any term or provision hereof be declazed invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 20. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 21. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules. Page 9 of 11 Section 22. ~ Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance, compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 23. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modif cation shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. Section 24. Funding Letters The State may allocate more or less funds available on this contract using a Funding Letter substantially equivalent to Exhibit C and bearing the approval of the State Controller orhis designee. The funding letter shall not be deemed valid until it shall have been approved by the State Controller orhis designee. Section 25. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement, will be decided by the Chief Engineer of the Department of Transportation. The decision of the Chief Engineer will be fmal and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this°clause, the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as fmal agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for herein. Nothing in this contract, however, shall be construed as making fmal the decision of any administrative official, representative, or board on a question of law. Page 10 of 11 THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT LOCAL AGENCY: EAGLE COUNTY Legal Name of Contracting Entity CDOT Vendor Number 2000124 ~~,~~ Signature of Authori ed Officer eke ~ on CAA ~ RmGn Print Name & Title f Authorized Officer LOCAL AGENCY: (A Local Agency seal or attestation is required.) Attest (Seal) ('1'owNCity/Cdunty Clerk) I~~ ~• ~ 11 _--_~ , L STATE OF COLORADO: BILL BITTER, JR. GOVERNOR By For Executive Director Department of Transportation (Place Local Agency seal here, if available) ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: LESLIE M. SHENEFELT By Date i~4AG`~ o`~r~ Page 11 of 11 Exhibit A FORM 463 or SCOPE OF WORK COLORA0O QEPARTi41ENT Of TRAN8PORTATWN DESIGN DATA EXHI~ITA Project Coda # tsAtlk 186 STiPA: SR35217 Project #: PlH 0083-024 Page 1 >b 3 Region ~; 03 Staves: ~ Preliminary ® Final ^ Revised Submitted t3y PM: MOYERC Approved by Program Engineer: Oats: Revised Date: Geographic t.o~ibn: US 8 EAt31.E Type of Terrakt; t1AOttntaittou8 Oescnptkm ~ Proposed Cort&UuctlorVknrprovem®nt{A~3Ch Ittap allowing ~181oCatl~) RESURFACINQ Project Characteristics {Prod) i_i- Parking t.ana Width= ^ tandsca~ng ~ {daser~monx Ertvironm~ttat 7ypae None Commettt$; Coordination ^ withdrawn Lands {Power Sibs, ^ ayew Trar'Sc Ordinance tiequlret t7tfnlr: I Project Descrlpftan: US 8 Eagle Overlay Phase 1 ~ County. 037 Planned tNedian {Typek ^ Depressed ^ Patr~d ^ Raised j~ tUone ^ Traffic C Stgnab ^ g~~g ^ LeR-Tum SIB Continuous yV'~ih~ ^ over {desrx;~;~,): Yes1No Est. # Utilities {list rwrrros of known ut~y companies) Plo ~ Unknown No PGD No OBg.Data:1110t3/2007 Rev.Oate: Revision #: 0 # ~ Crossings: Approved One ~ Uri Project Cade: Etc,) peered through Bt.M or Forest Service Dfftce Mod(ty Schedule at ExtsUng Ordinance Uitdt tuam~ Proj~t #: Construction Method Advertised ey: WoAd Reason: Entity/Agency Contact llama: Phase #: State Safety Cort~deratlon8 Projard Under: Guardrail meats currant standards: No ^ vartance fn bgnhmman Dastgn standards Requhed ^ Safety pray not aB standards comments: unknown ^ Justlncatlon Attached ^ Request to be Submitted addressed 3R projects A EXHIBIT A Exhibit B LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit C COLORADO DEPARTMENT OF TRANSPORTATION CONTRACT AUTHORITY: FUNDING INCREASE/DECREASE AND APPROVAL LETTER Region: State Controller Policy letter on June 12, 1996 Complete section 1 and submit to CDOT Controller's office. CDOT Controller letter on May 23, 1996 (1)This form to be used for the following contracts/situations only (check the appropriate situation): _indefinite quantity, order more/add more utility/railroad, underestimated total cost _CDOT construction, sum of CMO's LA construction, underestimated cost CDOT construction, underestimated total cost CDOT consultant, underestimated cost SECTION 1 (Re ion use) Date: Project code To: CDOT Controller (FAX #(303) 757-9573 or a-mail CONTROLLER) Project # From: I Office: I Phone # I FAX # Region # CDOT has executed a contract with: Address: CDOT Vendor # Contract routing # SAP Purchase Order Number Fund Functional Area GL Account Number WBS Element or Functional Center Original contract amount Has a Budget Request been processed to cover the contract amount increase? Previous Funding Letter(s) total Preparer's name (Funding letter #1 thru #~ PHONE NO: This Funding Letter total Contract Administrator's/Business Manager's Approval i#~ PHONE NO: Adjusted contract amount CDOT Designee Approval Local Agency approval SECTION 2 (Controller's Total allotment amount If construction: CE charges _CE pool elig. $ Commission budget Indirect chgs I Adjusted contract amount plus total CE & indirect $ charges calculation $ I have reviewed the financial status of the project, organization, grant and have determined that sufficient funds are available to cover this increase, effective as of State Controller or Delegee Date Exhibit C -Page 1 of 1 Exhibit D LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST CDOT Form 1243 Exhibit D EXHIBIT D LOCAL AGENCY CONTRACT ADMINISTRATION CHECKLIST PIH 0063-02~ No. Project Code Region SR35217 ~ 16838 .4 Canstructlon of shoulders and overlay on US 8. 12/1 Manager Martha Mllier Ciin# Attay®r This checklist shag be ut~ized to es#ablish the contract administration responsibilities of ~e Individual parties to this agreement. The checkpst becomes an attachment to the Lc~ai Agency agreement Section numbers r~respond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepan~r) by placing an °X' under the responsif~e party, opposlt® each of the tasks. The "X" denotes the party responsible for in<tlating and executing the task. Only one n3sponsibie party should be selected. When nei~ier CDOT nor tl~e Loc2al Agency !s r~ssponsit~e for a taste, not applicable (NA) shall be notes. In addition, a "~" wlll denote that CDOT must concur or approve. Tasks that will be performed by Headquarters stab will b+~ indicated. The R~ions, in accordance with established polides and procedures. will determine who will perform all other tasks that are the responsibAlty of COOT. The checklist shall be prepared by the COOT Resident Eng[neer or the COOT ProJec~ Manager, in cxaoperation with the Local Agency Protect Manager, and submitted to the Region Pr~ram Engineer. if contract administra~on responsibl#ities change, the COOT Resident Engineer, in c~ooeratinn witi, rho ~ ~~ e..~.,..., n.,.,sn..o ...._____ _.1.. _ __ _ Previous editions are obsolete and may not lie used QOT Form 1243 09/08 Pagel of 4 EXHIBIT D NO. DESCRIPTION OF TASK RESPONSIBLE PARTY LA COOT PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE ti.1 Set Underutilized Disadvan~ged Business Enterpdse {UBDEj Goals for Consultant and ~ Constnu~ion Contracts COOT R ion EEO~ICivO hts S ' ~ 8.2 Determine A~Ilcabbity of Davis Bacon Act Thi t i X as s projec s ^ is not exempt from Davis-Bacon requirements as determined by the functional classfication of the project location {Projects located on local roads and rural c~ minor roliectors may be exempt.) ,~ COOT Resident E eer S' afore on Ftle Date t:+ ti.3 Set On-the,Job Trainin G l G l i g e s. oa s zero if total construction is less than $1 mtlllon {COOT ° X R an EEOlCivii Ri S edalist ` S.4 Title VI Assuwanc~s Ensure the correct Feder Wage DeClsion, all required Disadvantaged Business EnterprtselOn-the•Job Training special provtsfons and FHWA Form 1273 are included in the Contract Crfor Res~eM Weer X ADVE RTISE BID AND AWARD 7.9 Obtain val far Advertisement Period of Less Than Three Weeks X 7.2 Advertise for Bids 7.3 X Distribute "Advertisement Set' of Pierre and S vacations X 7.4 Review Worksite and Plan Details with Prospective Bidders WhHe Project is Under X Advertisement 7.5 O n Bids 7.8 X Process Bids for Com e Check COOT Form 715 - Certificate of Proposed UnderutiNzed OBE Participation when the tow bidder meets UDBE ats X Evaluate COOT Form 718 -Underutilized DBE C3ood Faith Effort Docum®nta8on arxl determine if the Contractor has mad®a goad faith effort when the low bidder does not mesa X _ DBE oaf Submit re uired docume t ti f CO n a on ar OT award vonvurrence 7.7 Concurrence from CDOt to Award NIA 7.8 X e R don of Low Bidder X 7.9 Award Contract 7.10 X Provide "Award" and °Record" Seta of Plans and- eGflcations X CONST RUCTION MANAGEMENT 8.1 issue Notice to Proceed to the Contractor 8.2 X Pro Sa 8.3 Conduct Conferences: X __ Pre-ConstrucH~ Conference 8 X Pre-survey • Constriction staking ~ NIA • Marumentation RIIA Partnerin 'oral ~ X _ Structural Concrete Pre-Pour Is in COOT Cwt~c~wt lManu Concrete Pavement Pre-Paul N/A Is in COOT Consfructtorr HMA Pre-Paul a is to COOT Canst~on 1~nu NIA 8.4 Develo and distribute Public Notice of Planned Construction to media and local re id t X 8.5 s en s Su rvise Construction X X A Professional En ineer PE i t g { ) reg s ered in Colorado, who will be "In responsible-charge of COnStrUCtign supervision " Martha Miler X970) 328-8385 Local Agency Professional Engineer or Phone number COOT Resident En Weer X Previous editions ar® obsolete and may not ~ ~CDOT Form 1243 +09/08 Paga2 of 4 EXHIBIT D NO. ! DESCRIPTICiN OF TASK Provide competent, accordance with the G'onstrtirtlnn incnd.. who will ensure the Contract work is constructed in PARTY LA CDQT # x 10 Preparse and Approve Interim anti Final Contracdor pay Estimates Provide the name and phone number of the pet~ron authorized far this task. 14 17 18 Provide the name and phone number of the person responsible for this task. wiper .•~,„Y ~,__..,_ _. ~_ ,.__._.,„,,..,,.,_. MATERIALS 9.8 Complete CDOT Farm 250 -llifateriaats DntO~aft ~~~ • Generate form. whk:h ~cludes determining the mfnlmum number of applicable material submits for a~ matettais plat! an dte project r~uired tests and • tJpdate the form as work progresses • Compteke and distribute tam aRer work is comolated InspBC~on of structural components: • Fabrication of stru+~ural steel and pre stressed concrete ~~~ components • t3ridge modular expansion devices {fl' to 6" or greater • Fabrication Of heart devices ove Sources of Materials Independent Assurance Testlng (~i7'?. Local Agency Procedures CDOT Proved • Generate IAT schedule • Schedule and provide notiflcation • Conduct IAT Approve mix designs • Concrete • Hof mix a~nlr~tt X X X X NIA NIA NIA X X X IWA K Previous edidt>r~ are c~solete and COOT Form 1243 d9/08 Pa~3 of 4 may rtat ~ used EXHIBIT D Prevlou~ editions are obsolete and may not be used DOT Form 1243 09!08 Page4 of 4 cc: CDOT Resident EngineerJproject Manager CDOT Region Program Engineer COOT Region EEO/Civil Rights Spedatist CDOT Region AAaterials Engineer CDOT Contracts and Market Malysis Branch Local l~gency RroJect Manager